Breaking | Arvind Kejriwal To Remain In Prison: Delhi HC Stays Trial Court's Order Granting Bail In Excise Policy Case
The Delhi High Court has stayed the Trial Court's order granting bail to Arvind Kejriwal in the money laundering case related to Delhi Excise policy scam. Kejriwal will therefore remain lodged in Tihar Jail.
At the outset, the Vacation Bench of Justice Sudhir Kumar Jain clarified that the Court was dealing with interim stay application only, and that the main petition is before the regular Bench.
On the ED's submission that adequate time was not give to it by the Trial Court, the Bench opined that the averments require proper consideration by the regular Bench.
"The vacation Judge by passing the impugned order did not appropriately appreciate the material documents submitted on record and the averments, grounds raised in the petition, it requires serious consideration while dealing with the said petition. Accordingly, the application is allowed. The application of the impugned order is stayed," the Court ordered.
Meanwhile, Kejriwal had approached the Apex Court against the interim stay of the Trial Court order granting him bail. The same is listed for further consideration on June 26.
It is to be noted that the High Court had reserved the verdict in the Enforcement Directorate's plea challenging the bail granted to Arvind Kejriwal, after it had allowed the urgent listing of the petition. The Court had stated that the stay on Trial Court order would continue till the pronouncement of the verdict.
On June 20, 2024, Special Judge, Rouse Avenue Court granted bail to Kejriwal. While granting bail, the ED had requested to keep the bail order in abeyance for 48 hours to allow the central agency to avail of legal remedies like moving the High Court in Appeal. However, the same was refused by the Trial Court.
Pertinently, on May 10, the Apex Court had granted Interim Bail to the Delhi Chief Minister till June 1. On May 7, the Bench had clarified that, if it releases Kejriwal on bail, it does not want him to perform official duties.
Prior to that, the Apex Court had observed that it may consider granting interim bail to Kejriwal on account of elections. On April 29, the Bench had asked the Senior Counsel appearing for the Delhi CM, "Why have you not filed any Application For bail?"
Previously, the Enforcement Directorate had filed an extensive affidavit-in-reply to the Special Leave Petition by the Delhi Chief Minister, Arvind Kejriwal, assailing the order passed by the Delhi High Court upholding the arrest and remand in the money laundering case. In its reply, the ED had alleged that Arvind Kejriwal is the kingpin and key conspirator in the Delhi Liquor Policy Excise Scam, responsible for the mass destruction of evidence, and the main facilitator of the new policy for the bribe givers.
The ED had earlier, stated in its affidavit that there are reasons to believe, based on material in possession, that Kejriwal is guilty of the offence of money laundering. The ED had also made a comparative table to demonstrate the changes made that were allegedly arbitrary and irrational, made only to ensure large-scale profits to the bribe givers. It was also stated by the ED that Arvind Kejriwal was asked to provide the password to his mobile phones again and again, but he refused to share the same and even his statements during custody would reveal that despite being confronted with materials, the petitioner chose to give completely evasive answers.
Cause Title: Directorate of Enforcement v. Arvind Kejriwal [CRL.M.C.-4858/2024, CRL.M.A. 18446/2024, CRL.M.A. 18447/2024]
